[HISTORY: Adopted by the Board of Supervisors of the Township of Chartiers 11-7-2000 by Ord. No. 278. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Chartiers Township Board of Supervisors.
FURNACE
Any enclosed device specifically designed for the burning of any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
OPEN BURNING
Any outdoor fire. Open burning shall not include the exemptions set forth in § 122-4.
[Added 8-21-2012 by Ord. No. 335]
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture. Rubbish does not include plastic; plastic may not be burned.
This chapter shall be enforced by the Chartiers Township police or the Chartiers Township Code Enforcement Officer or any other person designated by the Board.
A. 
It shall be unlawful for any person to set or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in the Township of Chartiers.
B. 
Outdoor fires are permitted in all districts in the Township, provided that, except as otherwise specified in this chapter, every outdoor fire shall be contained in and confined to a noncombustible container with a screen of 1/2 inch or smaller mesh, or with other suitable noncombustible cover, and shall not be permitted closer than 25 feet from any property line.
[Amended 10-16-2001 by Ord. No. 287]
C. 
Garbage shall not be burned. Rubbish may be burned.
D. 
In agricultural areas, or burning by farmers in farming operations or burning permitted under § 122-3J, outdoor fires may be built without the containers described in § 122-3B, provided that said fire is personally supervised and controlled at all times and completely extinguished prior to relinquishment of personal supervision.
E. 
No fire shall be left unattended.
F. 
No fire shall be left smoldering but shall be totally extinguished when unattended.
G. 
No fire shall contain any garbage, any material made of or coated with rubber, plastic or petroleum-based materials and shall not contain any flammable or combustible liquids.
H. 
Outdoor fires shall be permitted on Wednesday and Saturday of every week from 12:00 noon to 7:00 p.m. prevailing time or sunset, whichever is earlier.
I. 
Any person may apply for a permit to burn at times not permitted by this chapter by submitting a written application with the Township Zoning Officer and the payment of any fee established by resolution of the Board.
J. 
Burning of trees and brush incidental to the development of land or the construction of buildings is permitted, provided that a burning permit is obtained from the Code Enforcement Officer or other person appointed by the Board upon written application by the developer and payment of an application fee to be set by the Board by resolution. This permit may be for one or more days depending on the length of time to complete the project for which the permit was obtained.
K. 
Permits will be issued to farmers to permit burning in the course of their farming operations and/or fence clearing. This permit shall be for a season and issued to farmers for a nominal fee.
L. 
Any permit issued by the Township permitting burning at times not established by this chapter shall be subject to the following regulations:
(1) 
No hazardous materials may be burned; such fire shall be supervised; at the end of the workday, sunset at the latest, all fires must be extinguished and not permitted to smolder overnight.
(2) 
No burning will be permitted on Sundays or holidays.
(3) 
No burning shall be permitted before 9:00 a.m. prevailing time.
(4) 
Applications made for a permit under § 122-3I, J and K must be made at least three working days prior to date requested.
(5) 
Any permit issued pursuant to § 122-3I, J and K shall be for a specific period of time and specific location as requested on the application.
(6) 
Any application submitted pursuant to this chapter shall be on a form provided by the Township.
(7) 
No application shall be considered until the completed application is submitted to the Zoning Officer and the application fee is paid.
M. 
Any open burning which does not comply with the provisions of this chapter is hereby declared a public nuisance.
[Added 8-21-2012 by Ord. No. 335]
[Added 8-21-2012 by Ord. No. 335]
A. 
In the event that the Board of Supervisors declares an emergency or that there is an imminent emergency situation presenting an unusual fire risk as the result of drought, weather or other conditions, the Board of Supervisors may, by resolution, impose a ban on all open burning. Such an emergency or imminent emergency may be declared by the Chairman of the Board of Supervisors and a burn ban issued by the Chairman of the Board of Supervisors. Any such emergency or imminent emergency or burn ban declared by the Chairman shall expire at the next regularly scheduled or special meeting of the Board of Supervisors unless such declaration is ratified by the Board of Supervisors at that next regular or special Board of Supervisors meeting.
B. 
If a burn ban is declared, the Township shall take reasonable steps to notify Township residents of such a ban.
C. 
In the event that a person has not been notified of the burn ban, a warning shall be issued to that person for that person's first violation. A citation will be issued for any subsequent violations.
A. 
This chapter shall not be interpreted to limit burning at the fire school on Route 519 when such burning is for training of firemen.
B. 
This chapter shall not be interpreted to limit grilling and open fires at picnics; backyard barbecues and bonfires for school events.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter does not supersede any state or federal permit requirements, and any person burning in Chartiers Township must use due diligence to determine the necessity of any state and/or federal permits and acquire the same.